October 2024
Our condo board has lost 2 members. A neighbour and myself are the only individuals willing to replace them.
Management has informed us that the remaining board members are requiring that we go through an interview process that we feel is a delaying and scare tactic.
Are they legally permitted to do this?
M. S.
Response from Toronto Condo News
It appears there are unstated dynamics between your condo board and owners if your community is having difficulty finding individuals willing to serve as directors.
Your five-person condo board is now down to three individuals. Remaining board members have three options for dealing with this.
One option is to do nothing. They can choose to function as a three-person condo board until the next annual general meeting (AGM) at which time an election would be held. This is not usually advisable. If they lose another individual then the board no longer has quorum at meetings and is unable to make decisions for the corporation.
The board can choose to appoint individuals who would serve until the next AGM, at which time those individuals could no longer serve unless elected. It appears that this is the approach they have chosen and are establishing an interview process. You are not required to participate in the interview process if mistrustful of their intentions, nor are they required to accept you as directors and board members. Perhaps this interview is for them to better understand what you can offer and your reasons for wanting to serve on the board. Remember, an interview works both ways. You can also ask questions and determine if these are people you are comfortable working with.
The final option is to immediately hold an election for the available positions.
In short, what you describe is allowed.
Best of luck.
